Nearly all New York City job postings must now include a salary range.
The new salary transparency law, which took effect November 1, 2022, applies to all New York City employers with four or more employees (including the owner) or one or more domestic workers. The company owner does not need to work in the same location as any other employee; in fact, only one employee needs to work in New York City for the employer to be covered. Covered employers are required to follow the new law when advertising for positions that will be performed in whole or in part in New York City, whether from an office, in the field, or from the employee’s home.
When advertising positions, employers must state the minimum and maximum salary they are willing to pay, such as “$20 to $22 per hour.” If the employer has no flexibility with pay, the minimum and maximum salary can be the same, as in “$21 per hour.” Ranges cannot simply have a top or bottom limit; for instance, $40,000 and up” or “maximum $45,000” is not acceptable.
The posting does not need to contain additional information, such as benefits or information about overtime pay.
The law applies to any advertisement of a job, promotion or transfer opportunity that would be performed in New York City. “Advertisement” is defined as “a written description…that is publicized to a pool of potential applicants,” regardless of the medium in which it is disseminated. This can include job postings on company bulletin boards, newspaper and online ads, and printed flyers distributed at job fairs.
The law only applies to advertised jobs; employers are not prevented from making hires without listing the job.
What About Listings from Employment Agencies?
The new law also covers employment agencies, regardless of their size. Employment agencies are required to make sure any job listings they promote or seek to fill comply with the new salary transparency requirements. However, there is an exception for temporary help firms which are seeking applicants to join their pool of available workers. Employers who work with temp firms must follow the new salary law, though.
What if Companies Don’t Comply?
Covered employers and employment agencies that violate the salary transparency law may have to pay damages to affected employees in addition to updating their policies and amending their job listings. First-time violators will have 30 days to correct their actions or face up to $250,000 in civil penalties.
How Do I Report a Violation?
The Commission on Human Rights accepts and investigates complaints about discrimination from the public, including complaints alleging violations of the new salary transparency law.
If your employer does not comply with the salary transparency law or other workplace laws, speaking to an experienced employment attorney can help you protect yourself and your rights. Contact Katz Melinger PLLC at 212-460-0047 or online.